ROZEN INVESTMENT LTD CHIEF EVAN ENWEREM V. 1. NIGERIAN DEPOSIT INSURANCE CORPORATION: RECEIVER OF AFRICAN CONTINENTAL BANK PLC.

GARBA JCA (Delivering the Lead Judgment): This is a consolidated appeal against the rulings of the Federal High Court in suit No. FHC/L/ FBC/335/2002 dated 11th June, 2001 and 12/12/01. The notices of appeal were both dated the 11/11/02 and filed on the 12/11/02 with the leave of court.

The facts that gave rise to the appeal as given by learned counsel in their respective briefs of arguments, can be put summarily thus:-

The respondent had claimed the recovery of some debt from the appellants before the failed bank Tribunal which claim was transferred to the court below before which the respondent applied for judgment in default of defence and the appellants filed a counter-affidavit to challenge the application. The appellants subsequently also filed an application praying the court below to strike out the respondent’s action on the ground of want of locus standi to sue and/or strike out the name of the 2nd appellant against whom the suit discloses no cause of action. Expectedly, th…